The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

10Th of January. 1861. Governor Lane was elected
United States Senator. and resigned the Office
of Governor and Lieutenant governor Morton
became acting Governor and continued IN office
during the residue of the term. In October,
1864. Governor Morton was elected Governor,
and held the Office until the 23d of January, 1867,
exercising the duties of the Office for six wears,
when he was elected Senator of the United
States. Ii he mad been Governor during his
first term instead of Lieutenant governor acting
as Governor, he would not have been eligible to
second term of Office. Conrad Baker was
elected Lieutenant governor, and when Governor
Morton resigned the Office of Governor. he. as
acknowledgements, became acting Governor
on the 24th OF January, 1867, and served during
the remainder of the term. and all bills of the
General Assembly of 1867 that came to his hands
were signed by him, Conrad Baker, Lieutenant
governor, acting as Governor All OF which ap-
pears on the original bills on file in the Office of
the Secretary of State. This was the only ses-
sion OF the Legislature during the time that he
was Lieutenat-governor acting as Governor.
Governor Baker acting on the theory that during
the residue of Governor Morton's term he was
Lieutenant governor only, acting as Governor.
became candidate for Governor, and in 1868
was elected. and became Governor, and held the
Office during the term of four years, making
total of six years Of administration. IT he had
been Governor during the unexpired term of
Governor Morton. instead of Lieutenantgov-
ernor, acting as Governor, the Constitution,
that declares that the Governor shall hold his
Office during four years, and shall not be eligible
more than four years in any period of eight
years. would have rendered him ineligible dur
ing the last two years of his occupancy of the
office (Gasman VS.. State. los Ind, 2o3; Carson
vs.. McPhitridge ID Ind, 327; Parmaser rs.
State, 102 Ind, 90l
II think it very evident that the Lieutenant
governor creates vacancy in his Office by act
ing AS Governor. If. in the history OF the
State, there have been vacancies in the Office of
Lieutenant governor that were not filled by
fv 40 80 h. yfvr<y inn
and statutes by the State officers. while entitled
to respectful consideration, can never abrogate
their text: it can never narrow down their true
limitations; it can never enlarge their natural
boundaries and repeated violations Of plain
law cannot give construction to it.
In case OF q vacancy, permanent or temporary,
In the Office of Governor. the duties of that Office
devolve upon the Lieutenant governor. hsSs this
does not create vacancy IN the latter Office.
~ case, however is different when the Lieu
tenant governor dies or resigns In such case
there is an actual vacancy in that Office. which
should be filled by the people at the next general
election"
IF there should be an election to fill such va
cancy. for what time would the person elected
hold2,
I'm many cases. person elected to fill va
cancy in Office created by the Constitution
holds for the full term prescribed by the Consti-
tuition. Estate ex rel. vs. Long, 81 Ind, 351;
The Governor vs. Nelson, Ind. 407; The State
vs.. Alien, 81 Ind, 5l6. 523; Baker vs. Kirk. 33
Ind, SIT, 52S; Gasman vs. State, LOG Ind. 203
But the Constitution expressly provides that the
official term of the Governor and Lieutenant
governor shall commence on the second Monday
in January in the year 1852 and on the same
day every fourth year thereafter r. s.. 1881,
Sec. 1857 This clause imposes limitation upon
the duration of the Office held by person elected
to ill vacancy. and commands an election of a
Lieutenanr-governor at the November election In
the year 1883, who takes his office on the second
Monday of January, 1889, and the person elected
| in 1886 will hold for the unexpired term OF his
predecessor, whose vacancy he was elected to ILL
| lParmater VS.. State. l02 Ind. 9O.)'